Town of Glenville
18 Glenridge Road, Glenville, NY 12302
ph: 518-688-1200
fx: 518-384-0140
Town Board Meeting Minutes 5/4/2011
REGULAR MEETING OF THE TOWN BOARD
TOWN OF GLENVILLE
MAY 4, 2011
AT THE GLENVILLE MUNICIPAL CENTER
18 GLENRIDGE ROAD, GLENVILLE, NEW YORK

                Supervisor Koetzle called the meeting to order at 7:30 PM;

                Supervisor Koetzle asked the Town Clerk, Linda C. Neals, to call the roll.

Present:        Supervisor Christopher A. Koetzle, Councilmen Alan Boulant, John C. Pytlovany, Sid Ramotar and Councilwoman Gina M. Wierzbowski

Absent: None

                Also present were Attorney Michael Cuevas; Director of Operations James MacFarland; Highway Superintendent Tom Coppola; Planner Kevin Corcoran; Deputy Highway Superintendent Jeff Gemmette; Comptroller George Phillips and Police Chief Michael Ranalli.

                Supervisor Koetzle announced that the Board would be entering into an executive session at the end of the meeting to discuss a personnel matter.

Town Council Reports:

                Councilman Ramotar – “In our Assessor’s Department, Grievance Day will be May 24th, from 9:00 am to 9:00 pm.

                Indian Meadows is having the Burnt Hills Junior Baseball Commission’s “Opening Day” on Saturday, May 7th.  The New York, 9 – 10 year olds Championship is July 23rd to the 27th and will be held at Indian Meadows again this year.  Maalwyck Park is hosting the NYS High School Frisbee Championship May 28th – 29th.  This information will be posted on the Town’s website at www.townofglenville.org.”

                Councilwoman Wierzbowski – “I just want to mention that the Bulk Item pick up is going on and will be completed at the end of this week.  There is a listing of acceptable and non-acceptable items which is posted on the Town’s website and is also available at Town Hall.”

                Councilman Boulant – “Update on Target – the Town has been dealing with a few issues as far as storm water, some traffic issues with DOT but as a whole we are still on track at this point.  Metroplex seems to be fully engaged behind us on it.

                Tomorrow night there will be a Glenville Business & Professional Association (GBPA) mixer at 144 Freemans Bridge Road from 5:30 pm to 7:30 pm.  All businesses are welcomed and there will be food available, supplied by Riverstone Manor.

                The REDI Fund, the Glenville sign grant application, there was a total of a $35,000 fund that was put in the budget by you, Mr. Supervisor, and probably I can say with the hard work of Kevin, Planner; Jamie, Director of Operations and a few of the Town Board members we have in house twelve applications.  A few of them are not eligible because they are in the Village of Scotia and we will be discussing the possibility of including them at our work session next Wednesday.  I will say that it has been a success.”

                Councilman Pytlovany – “Last Saturday the Town Police Department held a prescription drop off program.  They collected 102 lbs. of prescription drugs, which I thought was excellent for a 4 hour program.

                The DARE Advisory Board is having their Annual Golf Tournament, which raises money for the DARE Program, on June 4th at Fairways of Halfmoon.  There are $100 sponsor signs and golfing forms available on the Town’s website.”

                Supervisor Koetzle – “We have two presentations this evening.  Our first presentation will be given by Kevin Millington, President of Empire State Aeroscience Museum (ESAM) on recent and future activities.”

                Kevin Millington – “Thank you for allowing me to come tonight.  I would like to introduce my colleagues Matt LeClair, Lieutenant Cornel LeClair is our Vice President and Support Commander for the 109th Airlift Wing and also an active pilot and Larry McArthur, a long time volunteer, past vice president, secretary and treasurer and Dan Sliva past president and a very active member.

                I just wanted to let you know what is going on at the museum.  The Empire State Aeroscience Museum has been in existence for twenty-six (26) years.  We have two (2) large museum galleries and one has the large museum on the front of it.  The gallery right across the parking lot houses the largest research library in the state and adjacent to the airport where we have fifteen (15) jets and two (2) helicopters which we are really concentrating on restoring.

                Over the past few years we have accomplished much.  We have methodically improved our exhibits, bringing in new ones and rehabilitating our existing one.  We have expanded our Out Reach and Education Programs which Matt will talk about.  We have strengthened our partnerships, with the 109th Airlift Wing, the U.S. Navy Training Facility, the Glenville Rotary, the Town of Glenville and Schenectady County which are all key to our existence.

                We’ve also, this year, acquired our permanent charter, absolute charter to the NYS Board of Regions, which is provided to museums and education facilities which is really recognition of our stability and for our financial stability and programmatic stability.  It was a real milestone for the museum.

                We have also done substantial work on the physical plan.  We want to be a good neighbor; we want to continue to be an asset to the Town.  We could not exist without the good partnerships of the Town and other community organizations.

                I want to thank all of you and particularly Kevin Corcoran, who arranged this.

                The 3rd Saturday in June, we are completing restoration on a spectacular plane the “Republic F-105”, this one was an icon from the Viet Nam War.  We will have a former 105 pilot as our guest speaker.”

                Matt LeClair – “I am Chair of the Education Committee at the museum and I am also the Vice-President of the Board.  I represent the 109th Airlift Wing, it’s partnership with ESAM.  I also represent the museum.

                We go into the schools and get people, specifically children, excited about aviation, as well as science, technology, engineering and math.  We have gone to numerous events in the last five years in Schenectady County, Town of Glenville, Glen Cliff School, Sage at Shenendehowa and South Colonie.  We go in with flight simulators and we teach kids basic principals of flight.  This requires some capital money to buy these computers and flight simulators.  It takes kids from outside of the County and brings them in to the Town of Glenville which increases the local businesses.  We are going to have a 5K run coordinating with the county; I just want to inform you of this event.  It has not been approved at this time; it has to be approved by the County and the FAA.  I just wanted to answer any questions you may have on what we are trying to accomplish and how that program pertains to aviation; how it brings both the 109th Airlift Wing, the Navy Operations Support Center and all the other tenants of the air field together to bring people inside the barbed wire to show them what aviation is from a different perspective and once again use any funds that are raised as a fundraiser for the non-profit and go into the schools and educate the kids about aviation, science, technology and engineering.”

                Councilman Pytlovany – “I think you are doing wonderful things there.  My wife, Kate, worked at the museum for three (3) years.  I was trained in the original first simulator you had, in order to have the people come in.  I actually operated it at the Altamont Fair and numerous times at the museum.  I also volunteered many times for the hanger dances/swing dances, which I think were awesome.  I have seen it progress through the years and I think you are doing a wonderful job there.”

                Supervisor Koetzle – “The next presentation is the annual Municipal Separate Storm Sewer Systems (MS4) report given by Tom Coppola, Commissioner of Public Works.

                Tom Coppola – “MS4 means storm water, which is the water that runs down the side of the roadways into catch basins.  It has to go somewhere so the State has mandated that we manage it.  This report will be posted on the website and will be there until May 27th for public comment.  There are fliers available at Town Hall and we also take some to the schools.  

                This is something that the public is not aware of so education is a big part of it.  It costs money so we are limited to the ways we can educate people.  Last year we painted all of the catch basins with little fish and wording the says “Leads to River” so when people decide to dump oil or paint in the catch basin it will remind them that this will run to the river and other water ways which effects the environment.

                Education in house – we send employees to construction sites for control measures.  These are measures we take for our own work and other work that is done in the Town.  We make them put up standards to protect the water run-off on these sites.  Dana Gilgore and I go around and inspect these sites, they do their own inspections and submit the paper work to us and we double check on them to make sure the inspections are being done.

                I would like to thank Mike Burns, Dana Gilgore and Jamie MacFarland for all of the help they have given me on this.  This is a consolidated effort from everybody to complete this report.  The employees in house, heavy equipment operators, we sent to learn about the standard measures for the MS4 ditching.  We try to be pro-active and identify our illicit discharges, like failed septic systems or people dumping their washing machines into ditches.  This takes manpower and money to control.  We also have mandates that we have to do; we have to clean our catch basins.  There is no funding for this and we are doing the best that we can to keep up with the mandates.  We have fallen a little behind on this because the funds have not been there.  Recently we have started to work with local municipalities, the City of Schenectady has been a big help with the drainage problem across from the new Target because we do not have the equipment to do it.  We are currently in the process of looking at a used vac-truck so we can start to maintain our catch basins.  It is about a $40,000 vehicle, it is used, it is a budgeted item, and we have the money.”

                The following people exercised the Privilege of the Floor:

                John Jankowy – “I have been a resident of the Town for twenty three years.  I am a Viet Nam veteran and a member of the VFW Post Mayfair/Glenville 4660 for sixteen years.  As a non-profit organization we have very few funds except through our poppy sales and the Town’s generous donation each year which helps us support the homeless veterans and the children’s home in the Stratton VA Hospital.

                The members of my VFW Post would like to present this plaque to say “Thank You” to the Town of Glenville for helping us out during our ceremonies and also for helping out the veterans that come into Town Hall for help.  I feel real good about it because working for the Town of Glenville in the Town Hall I see how my co-workers help these people out and it makes me proud.

                Supervisor Koetzle – “John, you say that we often forget to say thank you to people, I must say on behalf of the Board I want to thank you for your service to the Country and thank the men and women that you work with for their services.  We deeply appreciate it. Thank you.”

                No one else wished to exercise the privilege of the floor.

Supervisor’s Comments:

                Supervisor Koetzle shared the following information:

                Charles Loeber, a resident and a good friend of the Town passed a way last Monday.  He was a good man and he was very involved with the Town and funded an audio system for our work sessions so that people could hear us.  He was so concerned about and felt that it was important that people hear their government at work that he invested his own money on this issue.  I spoke with his wife Carol Ann this past week and gave her, on behalf of the Board, our condolences, I told her that our best tribute will continue to be what Mr. Loeber always wanted was good government and the best we can do is to continue to deliver that in his honor.

                Councilwoman Wierzbowski and I attended the Mohawk Honda ribbon cutting on April 23rd.

                I attended the Woodhaven Homeowners Association on April 26th.  We did a brief presentation and then answered some questions.  Tom Coppola was also there.  Most of the residents seemed very happy with how the Town is progressing.

                We all attended the “Good News Luncheon” on April 28th that the Chamber of Commerce put on.  It was a great event.  Out of the ten or eleven awards three or four went to Glenville organizations.

                Many of us also had the opportunity to be at the ribbon cutting on April 28th for the Key Bank.  

                The Memorial Day Parade is on Wednesday, May 25th.

                During June, July and August we will continue to have our work sessions on the second Wednesday of each month but our meetings will only be held once a month on the third Wednesday.

                Chief Ranalli was a guest speaker at a conference which was run by the NYS Association of Chiefs of Police in Texas.  He was asked to give a presentation on the area of wrongful conviction.  The NYS Association of Chiefs of Police has done a lot of work on this issue themselves and Chief Ranalli has been an important part of it.  We received a comment via email from an attendee to let us know the success of this presentation.

                Supervisor Koetzle moved ahead with the agenda items.

RESOLUTION NO. 79-2011

Moved by:       Councilman Boulant
Seconded by:    Councilman Pytlovany

                WHEREAS, the Town Board of the Town of Glenville has been considering a Local Law to amend Chapter 255, “Vehicle and Traffic” of the Code of the Town of Glenville; and

                WHEREAS, this Town Board has held a public hearing on April 20, 2011 at 7:30 P.M., at which time all parties in interest were afforded an opportunity to be heard and to publicly comment on the amending of the Code of the Town of Glenville as set forth above;  

                NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Glenville does hereby establish a local law to amend the Code of the Town of Glenville to adopt Local Law #1 of 2011, an amendment to Chapter 255, “Vehicle and Traffic” as set forth below:

Section 255-8.Speed Limits

ADD:
        C. A maximum speed limit of 40 miles per hour is hereby established within the Town of Glenville on the following county highways:

        Potter Road, entire length, from North Road to Touareuna Road
        Washout Road, from New York State Route 5 to Ridge Road

                BE IT FURTHER RESOLVED, that this resolution shall take effect when filed with the Secretary of State of the State of New York.


Ayes:   Councilmen Boulant, Pytlovany, Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle
Noes:           None
Absent: None
Abstentions:            None

Motion Carried

RESOLUTION NO. 80-2011

Moved by:       Councilwoman Wierzbowski
Seconded by:    Councilman Ramotar

                WHEREAS, the Glenville Department of Public Works has the opportunity to participate in an auction of surplus vehicles and equipment with the Village of Scotia; and

                WHEREAS, the Town Police Chief has already declared the Police Department vehicles listed herein as surplus and available for sale by the Town; and

                WHEREAS, the below listed Highway Department vehicles have high mileage and maintenance or repair needs that make them no longer suitable or economical for Town purposes such that the Commissioner of Public Works requests that they be declared surplus and sold; and

                WHEREAS, the Commissioner of Public Works has determined that the below listed Miscellaneous items are no longer of use to the Town Highway Department and recommends that they be declared surplus and sold,

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby declares the following vehicles and tools surplus and authorizes the Commissioner of Public Works to sell for market value or the best price obtained at auction.

Police Department

                1999 Ford Crown Vic ~ Vin No. 2FAFP71W7XX207679
                2001 Ford Crown Vic ~ Vin No. 2FAFP71W21X182407
                2008 Ford Crown Vic ~ Vin No. 2FAHP71V28X131077

Highway Department

                1999 Ford F150 ~ Vin No. 2FTRF18W6XCB09067
                1991 GMC CH4 ~ Vin No. 1GDS7H4J5MJ522575
                1986 Hauler Trailer ~ Vin No. 16Y001224GME06817

Miscellaneous Items

                Assorted tires & wheels
                Jacks
                Chain saw
                Assorted tools

Ayes:   Councilmen Boulant, Pytlovany, Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle
Noes:           None
Absent: None
Abstention:             None

Motion Carried

RESOLUTION NO. 81-2011

Moved by:       Councilman Ramotar
Seconded by:    Councilwoman Wierzbowski

                WHEREAS, Michele Wilcox of 511 Sacandaga Road, Glenville, New York resigned from her position as a member of the Town of Glenville Board of Assessment Review for personal reasons, effective April 9, 2011; and

                WHEREAS,  the Town of Glenville Board of Assessment Review (BAR) is established as a five-member board, with a quorum of three members necessary to conduct its business; and

                WHEREAS, the Town Assessor and the Town Board are of the opinion that it is best to have five members of the BAR appointed and prepared to serve,

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby appoints Virginia Graney, 209 Parkland Avenue, Glenville to fill the vacant position on the Town of Glenville Board of Assessment Review, effectively immediately upon the passage and filing of this resolution for the remainder of the term of office for said position, expiring September 30, 2013.

Ayes:   Councilmen Boulant, Pytlovany, Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle
Noes:           None
Absent: None
Abstentions:            None

Motion Carried

RESOLUTION NO. 82-2011

Moved by:       Councilman Pytlovany
Seconded by:    Councilman Boulant

                WHEREAS, the New York State Department of Civil Service requires that the appointing authority of an employee hired on the basis of a Civil Service Law section 211 waiver reapply for such waiver on behalf of such individual and formally approve same; and

                WHEREAS,  the Town Board of the Town of Glenville Board believes that Police Chief Michael Ranalli has performed his duties in an exemplary manner and desires to continue to retain his services as Police Chief; and

                WHEREAS, the Town Board believes there currently are no other candidates qualified to serve as Chief of the Glenville Police Department;

                NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Glenville hereby authorizes the submission of a Civil Service Law section 211 waiver application to the NYS Department of Civil Service on behalf of Police Chief Michael Ranalli.

Ayes:   Councilmen Boulant, Pytlovany, Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle
Noes:           None
Absent: None
Abstentions:            None

Motion Carried

                Supervisor Koetzle – “I just want to add that I believe Chief Ranalli is a tremendous asset to the Town.  I have worked with him for over three years and seen his good work.  I have seen him bring our police department to a new level and he is a tremendous asset to Glenville.”

                Councilman Boulant – “The business community appreciates your efforts also.”

                Councilman Pytlovany – “As the police chief in the Village of Scotia for a number of years the cooperation between the two departments was excellent and Chief Ranalli and I worked very well together.”

RESOLUTION NO. 83-2011

Moved by:       Councilwoman Wierzbowski
Seconded by:    Councilman Ramotar

                WHEREAS, the County of Schenectady has been awarded funding for a Municipal Separate Storm Sewer Systems (MS4) Phase II Stormwater Permit Implementation Project #2010WQI10191, and

                WHEREAS, the County of Schenectady seeks confirmation from the Town of Glenville that the town will provide staff assistance for this project which will map 100% of the stormwater collection system in a standard format for the Town of Glenville and other MS4 communities in the County, and

                WHEREAS, this funding will result in a 75% reimbursement totaling $6,989.10 to the Town of Glenville against a projected expense of $9,318.80 (staff time of $8,618.80 and mileage of approximately $700 to offset costs that must be incurred to be in compliance with MS4 regulations,

                NOW, THEREFORE, BE IT RESOLVED, that the Supervisor of the Town of Glenville is hereby authorized to submit a letter of commitment (attached) to Schenectady County to participate in this MS4 Implementation Project resulting in a 75% reimbursement of costs to the Town of Glenville.

Ayes:   Councilmen Boulant, Pytlovany, Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle
Noes:           None
Absent: None
Abstention:             None

Motion Carried



RESOLUTION NO. 84-2011

Moved by:       Councilman Ramotar
Seconded by:    Councilwoman Wierzbowski

                WHEREAS, the Burnt Hills Ballston Lake Central School District (BH-BL CSD) serving as lead agency in applying for the Better Health for Better Living PEP (Physical Education program) Grant, along with the Town of Ballston, and

                WHEREAS, the BH-BL CSD seeks a letter of agreement with the Town of Glenville to participate in this grant application, and

                WHEREAS, The town of Glenville’s obligation in committing support for this grant include assisting in promoting the marketing activities, utilizing recreational areas (parks) for programs (as available), assisting in outreach to parents and families, and participation in seeking future grants relating to sustainability after year 3 of the grant if awarded, and

                WHEREAS, no financial support is required of the Town of Glenville in providing the letter of support for this grant application,

                NOW, THEREFORE, BE IT RESOLVED, that the Supervisor of the Town of Glenville is hereby authorized to submit a letter of agreement to the BH-BL CSD in support of their application for the Better Health for Better Living PEP Grant.

Ayes:   Councilmen Boulant, Pytlovany, Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle
Noes:           None
Absent: None
Abstention:             None

Motion Carried

RESOLUTION NO. 85-2011

Moved by:       Councilman Boulant
Seconded by:    Councilman Pytlovany

                WHEREAS, the Town of Glenville has outstanding Clean Water and Drinking Water Revolving  Fund sewer project bonds for Sewer District No. 9 in the face amount of     $3,100,000.00 (Town of Glenville 2002G – C4-5491-02-00) issued through the Environmental Facilities Corporation (EFC), and

                WHEREAS, the EFC has an opportunity to refinance the aforementioned debt at a lower interest rate, which could result in interest payment savings to the Town over the life of the debt that could exceed $300,000.00, depending upon the final pricing to be determined on June 14, 2011, and;

                WHEREAS, the EFC needs authorization from the Town, in the form of a Closing Certificate and Supplemental Agreement to proceed with the refinancing and such documents having been reviewed by Bond Counsel,

                NOW, THEREFORE, BE IT RESOLVED, that the Glenville Town Board authorizes the Town Supervisor to sign the Closing Certificate and Supplemental Agreement authorizing EFC to proceed with the refinancing of the outstanding sewer project bonds (Town of Glenville 2002G – C4-5491-02-00).

Ayes:   Councilmen Boulant, Pytlovany, Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle
Noes:           None
Absent: None
Abstentions:            None

Motion Carried




RESOLUTION NO. 86-2011

Moved by:       Councilwoman Wierzbowski
Seconded by:    Councilman Ramotar

                WHEREAS, in order to provide for summertime maintenance and security needs in the Parks, Highway, and Water and Sewer Departments it is necessary to hire seasonal employees, and

                WHEREAS, the Town of Glenville has provided funding for these seasonal employees in the 2011 budget,  

                NOW, THEREFORE, BE IT RESOLVED, that the following employees are hereby appointed to the positions indicated at the budgeted rate of $8.00/hr. with no benefits for a period not to exceed May 16th, 2011 through September 4th, 2011…

Park Laborer-   Christopher Norton – 42 Pinewood Dr., Glenville
                        Michael Guzzo – 1201 Ridge Rd., Glenville
                        Matthew Strenk – 217 Lark St., Scotia
                        Camren McKenna – 170 Birch La., Glenville

MS4 Laborer – Christopher Conlon – 235 Bolt Road, Glenville

Park Security Worker – Michael Davenport – 126 Horstman Dr., Glenville

Water and Sewer Laborer – vacant

Highway Laborer – Christopher Schermerhorn – 10 Riverside Pl., Scotia

                AND, BE IT FURTHER RESOLVED, that the Commissioner of Public Works is hereby authorized to appoint a qualified candidate to the vacant Water and Sewer laborer position upon consultation with department liaison Councilwoman Gina Wierzbowski.

Ayes:   Councilmen Boulant, Pytlovany, Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle
Noes:           None
Absent: None
Abstention:             None


Motion Carried

RESOLUTION NO. 87-2011

Moved by:       Councilman Ramotar
Seconded by:    Councilwoman Wierzbowski

                BE IT RESOLVED, that the minutes of the regular meeting held on April 20, 2011, are hereby approved and accepted as entered.

Ayes:   Councilmen Boulant, Pytlovany, Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle
Noes:           None
Absent: None
Abstentions:            None
Motion Carried





RESOLUTION NO. 88-2011

Moved by:       Councilman Ramotar
Seconded by:    Councilwoman Wierzbowski

                WHEREAS, a Petition and Notice to Review the Assessment for taxation for the tax year 2011 (March 1, 2010, Taxable Status Date) of the real estate of Verizon New York, Inc. (the “Petitioner”) in the Town of Glenville, County of Schenectady, State of New York (the “Town”), Tax Map Numbers as listed on the attached Schedule “A” (the “Property”), was duly served upon the Board of Assessment Review and Assessor of the Town (the “Respondents”) on or about July 1, 2010, and

        WHEREAS, a Petition and Notice to Review the Assessment for taxation for the tax year 2011 (March 1, 2010 Taxable Status Date) of the Property was duly served upon said Respondents on or about July 1, 2010, and

        WHEREAS, the Respondents and said property owner are prepared to enter into an agreement and stipulation of compromise and settlement of their differences in summary as follows:

That the proceedings for said tax years in relation to the Property be settled on the following terms and conditions:

1.      This settlement is made in resolution of all past and present claims or proceedings with respect to the Petitioner’s real property tax assessment relating to the Property, including those which were the subject of a 2008 proceeding (Index No. 2008-1382) and an Order of the Supreme Court, Schenectady County dated July 24, 2009, filed in the Schenectady County Clerk’s Office on April 15, 2011.

2.      Approval of this settlement and all required authorizations and enactments by the necessary parties shall be made in good faith and as expeditiously as possible.

3.      Pursuant to RPTL section 727, the proceeding for 2011 and later years shall be settled by establishing the assessment of the Property at the revised assessments set forth in Schedule “A” annexed hereto. All other provisions of RPTL section 727, including RPTL section 727(2) shall apply to this settlement.

4.      In consideration hereof, the tax certiorari proceedings brought by the Petitioner for the tax years 2011 shall be discontinued on the merits and with prejudice, without cost to either party or against the other.

5.      In consideration of the Respondents reducing said assessments as set forth in paragraph 3 above, the Petitioner agrees not to commence tax assessment review proceedings on said Tax Map Parcel for the tax years covered by the Stipulation pursuant to Article 7 of the Real Property Tax Law of the State of New York or under any other applicable provision of law, and the [City/Village/Town] agrees not to increase the assessment on said parcel.

6.      Nothing, however, in the Stipulation shall prohibit the Town from changing the assessment on said Tax Map Parcel in the event the Petitioner makes additions or alterations to, or capital improvements on, or in the event said property has been sold, or in the event the Town revalues all properties within the Town prior to the taxable status dates of said years, any of which events have warranted a change in the assessment, and, similarly, the Petitioner shall not be barred from challenging and commencing proceedings to review the assessment change on said parcel in the event there has been a new assessment because of additions, alterations or capital improvements, or the completion of said environmental remediation which affects the value of said parcel, or in the event of a revaluation which have resulted in an increase in the assessment of the property.

7.      Likewise, in the event that a substantial portion of the improvements on the subject property shall be destroyed, demolished or removed during the terms of this Agreement, the assessment of said property shall be adjusted in accordance with the change in said property, effective with the applicable status date, and the Petitioner shall not be barred from challenging and commencing proceedings to review the assessment in the case of such destruction, demolition, or removal which occasions a change in assessment.

8.      The Town, acting through its assessor, shall make or cause to be made upon the proper books and records and on the assessment rolls of the Town the entries, changes and corrections necessary to conform the assessments to the agreed-upon assessments.

9.      The parties acknowledge, as the Stipulation is entered into, for good and valuable consideration on the part of, and received by all parties hereto, and constitutes the entire agreement among the parties.

10.     The parties agree that the Stipulation is entered into to resolve the pending litigation and in no event should be offered or admitted in any other proceeding by the parties or by third parties as competent evidence of any fact.

11.     The parties agree that the Stipulation may be filed and docketed in the Office of the Schenectady County Clerk as provided in the New York Civil Practice Law and Rules.

12.     An Order may be entered upon the Stipulation by either party on notice to the other party.

WHEREAS, it appears to be in the best interests of the Town to settle said matters as recommended by the Assessor without further attendant legal and appraisal costs relating to said matters.

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Glenville in regular session duly convened as follows:

1.      The Board of Assessment Review and Assessor of the Town, through the Attorney for the Town, be and they hereby are authorized to enter into a stipulation of settlement of said pending proceeding on the terms set forth herein.

2.      The Attorney for the Town be and he hereby is authorized to consent to entry of appropriate court orders to accomplish said settlement and upon entry of the court orders directing the establishment of said assessments as aforesaid to execute stipulations of discontinuance of the said proceedings.

3.      This Resolution shall take effect immediately.

Ayes:   Councilmen Boulant, Pytlovany, Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle
Noes:           None
Absent: None
Abstentions:            None

Motion Carried

New Business

                Councilman Boulant – “This Saturday from 8:30 am to 1:00 pm the annual Indian Kill Open House Fishing Day will be held at the Indian Kill Nature Preserve on Hetcheltown Road”





RESOLUTION NO. 89-2011

Moved by:       Councilman Boulant
Seconded by:    Councilman Pytlovany

                BE IT RESOLVED, that the Town Board of the Town of Glenville hereby adjourns into Executive Session to discuss a personnel matter.

Ayes:   Councilmen Boulant, Pytlovany, Ramotar, Councilwoman Wierzbowski and Supervisor Koetzle
Noes:           None
Absent: None
Abstention:             None

Motion Carried

                Supervisor Koetzle adjourned this portion of the meeting at 8:20 p.m. and entered into Executive Session.

                Time being 8:51 p.m.; Supervisor Koetzle reconvened the meeting and announced that no action was taken during the Executive Session.

                Supervisor Koetzle asked for a motion to adjourn; motion to adjourn was Moved by Councilman Pytlovany; Seconded by Councilwoman Wierzbowski, everyone being in favor the meeting was adjourned at 8:52 PM.




                                                                ATTEST:






_____________________________
Linda C. Neals
Town Clerk